1. Installation and Service:

a. Terms: Panix shall install or arrange installation of products and services as set forth on the Panix Personal DSL Order Form. All installation fees, hardware charges and recurring service fees for the first indicated period on the Order Form are due and must be paid at the time service installation is complete. Installation is normally deemed to be complete when Panix (or its representative) is able to ping a computer at Customer's location through the DSL connection. If Customer chooses the "Self-Installation" option, Customer will be notified when the circuit has been delivered, and has seven (7) days from that date to perform the self-installation. If Panix receives no communication or trouble report from Customer within a 7-day period from the delivery date, Panix will declare installation complete and billable as of the delivery date. Customer shall provide all necessary preparations required to ensure proper installation, maintenance and operation of the circuit; and will provide Panix (and its representatives and suppliers) all reasonable access to Customer's premises and telephone equipment to perform any acts pursuant to this Agreement. Customer is responsible for Pro Installation fees, and all costs of wiring beyond the point of demarcation (the "demarc") as outlined in 1(b), and for relocation of services once installed.

b. Inside Wiring: The demarc will be determined in the course of installation; any wiring performed beyond this point is considered "inside wiring." On a line-shared ADSL circuit, inside wiring is normally unnecessary; if Customer chooses Self-Install, Customer is responsible for all inside wiring. Panix (and its representatives) will do the minimum amount of inside wiring work necessary and feasible to complete a Pro Install if one is ordered. In some cases, Customer will need to procure special permission, insurance, and/or a 3rd-party contractor to complete inside wiring; any fees and costs thereof are separate from Panix fees and charges, and Panix will not provide any credit, reimbursement, or discount for them.

c. Pro Install: Customer has the option to request a Pro Install, which carries a one-time $175.00 cost. Occasionally, if a Self-Install fails, Panix will determine that a Pro Install is necessary to complete the service delivery. In that case, Customer can elect to cancel without penalty, or else pay for the Pro Install. Panix will exercise reasonable effort to arrange these appointments when convenient for the Customer; however, appointment dates are often arbitrarily assigned by contractors. Customer is required to be present for all appointments or else pay a "no access" fee. This fee will be waived if: (i) Panix (or its representative) fails to inform Customer of the upcoming appointment more than 24 hours before 8 AM of the appointment date; or (ii) Customer informs Panix by phone or email, prior to 2 PM on the day before the scheduled appointment, that Customer will not be present; or (iii) Customer is available, but the contractor declares "no access" and Panix determines to its satisfaction that the contractor did not make a reasonable attempt to gain access.

d. Fulfillment and Cancellation: By filling out and submitting the Panix Personal DSL Order Form, Customer agrees to allow Panix a reasonable time to fulfill the order. Panix reserves the right to charge a Cancellation Fee (not to exceed $300) on orders cancelled without reasonable cause.

(i) Panix Personal DSL orders via Covad only:

Customer may cancel without penalty any time before the loop is delivered (defined as the date of Verizon's declaration that they've connected Customer's phone line to Covad's DSLAM), or up to 23 days thereafter, without penalty or obligation beyond the installation fees and first month of service. If Panix has not received a cancellation request in writing (paper or email) within 23 days of delivery, Customer is committed to the Service and must fulfill the terms outlined in Section 2, "Term of Agreement", below. This cancellation period applies from the delivery date (as defined above), whether or not Customer considers the service usable for that entire period.

Upon cancellation, Customer is responsible for the return (to Panix or a third party of Panix's choosing) of all hardware, software, and/or other material goods provided in accordance with this Agreement. Any such goods not returned within thirty (30) days of cancellation will be billed to the Customer at full price.

2. Term of Agreement:

This Agreement shall have a term of one year, unless a different term is agreed upon in writing or set forth on the Panix Personal DSL Order Form. This term shall commence on the date of installation completion and shall thereafter automatically renew for successive equivalent or monthly terms as applicable, unless terminated as set forth herein or unless written notice of non-renewal by either party is delivered to the other party at least thirty (30) days prior to the end of the then current term.

3. Moving:

If the Customer moves during the term of this Agreement and would like to relocate the Service, Customer must place a relocation request with Panix as soon as possible. This request must contain the requested date of service termination, plus the address and phone number of the new location if possible and the prospective move-in date. Upon receiving a written or email relocation request from Customer, Panix will place a "move order" for the new location. The Service must be maintained at the old address until the Service has been delivered to the new address. All applicable early-termination and installation fees will be charged as per an equivalent cancellation and new install, less any rebates, bounties, or discounts offered to move orders. After the Service has been delivered to Customer's new address, Customer may choose to keep the Service up at the old address for up to 30 days for a smooth transition. Customer will be billed for both lines during any period when both are in service simultaneously, however. If the old Service has not been cancelled within 30 days after delivery of the new Service, they will be considered separate orders, and any rebates, bounties, or discounts available for "line moves" will no longer apply. If Panix and its agents are unable to provide service to Customer's new location, the Agreement shall terminate and applicable Early Termination fees (not to exceed $200) shall be applied.

4. Payment and Billing:

Rates are as set forth on the Panix Personal DSL price list on the date the order is placed. Billing will commence on the date Customer's DSL connection to Panix is activated. Customer may prepay the charges for the yearly term (or other current term duration) or pay the charges on a monthly or quarterly basis. Unless otherwise agreed by Panix and Customer in writing, Customer's billing cycle will be determined by the initial payment amount as follows: If the initial payment covers a full year (inclusive of applicable discounts), the billing cycle will equal one year. If the initial payment covers less than one year, the billing cycle will equal one month. Initial charges shall be invoiced in advance, and are due on the activation date. Customer's billing cycle will commence with the date of activation and subsequent payments will be due on that date each billing cycle. Charges more than 30 days overdue will subject Customer to interruption of service. Such interruption does not relieve Customer from the obligation to pay the recurring charge, and no credit will be given for interruptions of service due to late payment. Panix reserves the right to levy service charges, early termination fees, and collection fees on accounts more than 30 days overdue.

5. Obligations of Customer:

Customer shall use Panix services only for lawful purposes. Customer shall not transmit, retransmit, or store material in violation of any federal, state, or local law (statutory or common) or regulation, including without limitation, laws or regulations governing libel or slander, obscenity, threats or harassment and infringement or other violation of trademark, copyright, trade secret or proprietary rights. Customer is responsible for obeying all of Panix's Rules of Use, except where superceded by this agreement. Upon notice from Panix, Customer shall promptly eliminate any hazard, interference or service obstruction that hardware or software not provided by Panix is causing, or is likely to cause. Panix will, at its option, troubleshoot problems caused by such hardware or software at Customer's request. Such services are billed at rates in effect when such services are requested.

6. Rights and Obligations of Panix:

Panix shall install the products and services set forth on the Panix Personal DSL Order Form. Stated bandwidths apply only to the circuit between Customer's Equipment and Panix. Panix warrants that on the date of installation, the products and services shall be in good working order and conform to order specifications. THE FOREGOING WARRANTY IN IS LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Panix makes no other warranty, either express or implied, in regard to any or all of the following: (a) information, products or services provided to the Customer as a result of this Agreement; (b) the availability, accuracy or content of information, products or materials sent or received via services provided by Panix; (c) service interruptions or network downtime. Services shall be provided on a "best efforts" basis, but if service is completely unavailable for a period exceeding eight (8) hours in a single day for reasons solely attributable to Panix, Customer shall be credited on a pro-rata basis for each such day. Applicable credits and refunds shall be limited to recurring monthly or yearly service fees ONLY for periods when service is unavailable; setup fees, hardware cost, and other non-recurring fees are non-refundable. Panix shall not be liable (either in contract or tort), for losses or damages arising from unauthorized access, alteration, theft, or destruction of the Customer's data files, programs, or information, which is caused by accident or any other means, whether or not such access occurs as a result of any act or omission by Panix. Panix shall not be liable for any damages suffered by Customer for any reason, including (but not limited to), loss of data resulting from delays, nondeliveries, wrong deliveries, and any service interruptions whether caused by the acts and omissions of Panix and its employees or of the Customer or any other party. Panix shall have no liability with respect to the content of any information passing through its network.

7. Limitation of Liability.

In the event that the products or services fail to conform in any manner to this Agreement or any specifications of Panix, the Customer's sole remedy and Panix's sole obligation shall be the repair or replacement of the Equipment. IN NO EVENT WILL PANIX BE LIABLE TO THE CUSTOMER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF PANIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PANIX SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE; LOSS OF CUSTOMERS, CLIENTS OR MEMBERS; LOSS OF GOODWILL; OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT. Any cause of action arising out of the provision of Panix products or services shall be instituted within one year after the claim has arisen or such cause of action be barred.

8. Termination of Services:

Panix may terminate this Agreement upon default of Customer's payment or other obligations under this Agreement. Customer may terminate this Agreement if circuit is completely unavailable for a total of one hundred sixty-eight (168) hours in a row for reasons solely attributable to Panix, its representatives and contractors, and remains unrepaired. This will be considered termination with cause. In the event of termination with cause, the applicable Early Termination Fee shall be waived. If Customer terminates this Agreement before the Term is finished, for any reason other than termination with cause, Customer shall pay an Early Termination Fee as specified on the Personal DSL Order Form. Customers who have prepaid for a period beyond their requested termination date will receive a credit equal to the value of this period. This credit will be applied toward any Early Termination Fee, and billed if applicable for any remaining balance due. Any remaining credit balance will be refunded to the Customer.

9. Nature of Information.

The Customer has been advised and acknowledges that the Internet may contain information, materials, and language that may be deemed adult in nature and inappropriate or offensive. The Customer is further advised that there is no effective way to limit access to certain materials on the Internet. The Customer is responsible for all information received, transmitted, and/or stored by the Customer and the Customer releases Panix from and agrees to indemnify Panix against any and all claims, losses or expenses relating to such information, materials and language. This indemnification shall survive any termination of this Agreement.

10. Indemnification.

The Customer shall indemnify and hold Panix harmless from and against any and all lawsuits, claims, damages, liabilities or expenses (including reasonable attorney's fees in connection with the investigation, defense, or settling of any such loss, claim, damage, action or proceeding) related to or arising out of the Customer's use of the products or services provided by Panix. This indemnification provision shall survive any termination of this Agreement.

11. Proprietary Rights.

Panix grants Customer a non-exclusive, non-transferable license to use the products and services provided hereunder. Title and property rights, including all intellectual property rights to such products and services, are and shall remain with Panix, whether or not they are embedded in any product. Customer recognizes that the products and services used hereunder constitute valuable trade secrets of Panix. The Customer shall use its best efforts to protect and keep confidential any and all products and services used by it and shall not attempt to copy, examine, in any way alter, or reengineer, reverse engineer, tamper with, or otherwise misuse such products and services.

12. Transfer and Assignment.

Neither party, other than for collateral purposes, may sell, assign or transfer this Agreement without the prior written consent of the other party, except that Panix may assign this Agreement to any of its affiliates (or any person who acquires substantially all of the assets of Panix). Customer may not resell IP accounts from a Panix-provided leased line, including but not limited to, Serial Line Internet Protocol (SLIP) or Point-to Point Protocol (PPP) dial-up accounts, Point-to-Point Leased Lines, Frame Relay circuits, World Wide Web hosting services, or any TCP/IP transmission that utilizes resources on the Panix network without explicit written permission of Panix.

13. Force Majeure.

In the event Panix is prevented or hindered from complying with any of the requirements of this Agreement by reason of war, riots, embargoes, strikes or by operation of force majeure or any federal or state law or any order, rule or regulation of governmental authority, then, while so prevented, Panix's obligation to comply with such requirement shall be suspended and Panix shall not be liable for failure to comply therewith. Should such occurrences continue for more than thirty (30) days, either Panix or the Customer may terminate this Agreement without further liability to the other.

14. Entire Agreement.

This Agreement sets forth the entire agreement of the parties and may not be modified except by written amendment executed by each of the parties. In the event any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect.

15. Choice of Law.

This Agreement shall be construed according to, and be governed by, the laws of the State of New York. USE OF PANIX PERSONAL DSL SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Appendix I. Servers on Personal DSL Connections

Your Panix Personal DSL connection is intended for personal use by you and your household. This is generally understood not to include running servers; however, Panix allows the use of servers on Personal DSL lines for personal use.

The following examples are intended to provide clarifications of "personal use" privileges and limitations, and are not intended as a comprehensive list.

Name servers: We don't prohibit you from running your own name server, but we don't recommend it and Personal DSL doesn't include free secondary DNS. If you have a Personal DSL account with shell access, you can get the Cheap Web add-on and we'll handle DNS for you. Cheap Web is only available for accounts with shell access, however. You are not allowed to sell Domain Name Service (DNS) to anyone else using your Personal DSL connection as a server.

Mail servers: You are allowed to run a mail server for your own household use, but you MUST be absolutely certain you conform to our "No Open Relays" requirement (below). An open SMTP relay on your Personal DSL line is grounds for termination. Panix will provide MX forwarding to your DSL address, limited to "Personal DSL plus shell" accounts with the Cheap Web add-on; we will not provide backup MX service for such.

Web servers: Personal web servers for occasional use, maybe for a few of your friends to look at, are okay. Commercial servers are prohibited, and non-commercial Web servers for mass consumption are strongly discouraged. (Actions promoting mass consumption include, but are not limited to, registering your site with a search engine or portal, participation in special-interest "Web rings", and advertising your URL on any mass media.) Traffic from mass-consumption servers may be subject to higher rates (See "Monitoring" below).

Game servers: Part-time game servers are okay, for when you are actually playing. Full-time game servers for mass use are strongly discouraged, cf. "Web servers" above; commercial game servers, like commercial servers of any kind, are prohibited on Personal DSL lines.

Wireless sharing hubs: You may set up a wireless network within your house, and share your Panix ADSL Internet access with your immediate household and houseguests. However, you are responsible for security on your wireless network, and required to set up appropriate passwords to prevent access from outside your household. Publically-shared wireless access nodes are not permitted, and privately-shared access outside your household must be limited to other Panix ADSL subscribers only.

"No Open Relays": Panix does not permit mail servers in its network to function as open relays. An open relay is a mail server that allows transmission of email from unknown sources to destinations outside its own network. If your network is found to contain an open email relay, we will issue a warning and give you a reasonable amount of time to implement effective anti-relay measures. If the open relay persists beyond this time, you must shut down the mail server until the problem is corrected or else face immediate termination of your service.

Panix recommends MAPS as a good site for testing your mail server's security. If your server passes the MAPS tests, it should be safe to use on our network.

Tech support: Panix does not provide technical support for servers on Personal DSL connections. If you have connectivity problems, you may be required to take your network offline, and plug a single computer directly into the DSL bridge for troubleshooting.

Monitoring: We don't block specific TCP/UDP ports or protocols on Personal DSL connections, but we reserve the right to block particular server ports in the future if necessary. We do not analyze content in any way, but bandwidth usage is monitored. If your line's upstream bandwidth usage exceeds reasonable "personal use" scales, we will issue a warning. If it continues, Panix will begin charging you at Business Express rates.

Warranty: Panix provides no warranty as to the usability of Personal DSL for any server-side application whatsoever. We reserve the right to block selected server ports on Personal DSL IP addresses without prior notice beyond this one. On the other hand, we'll do everything reasonable, in our best judgement, to avoid such drastic measures, and will only resort to port-blocking if we judge there to be no workable alternatives.

© Copyright 2003, Public Access Networks Corporation

[ Panix Home ] [ Panix Home ] [ Panix Service Index ] [ Top of This Page ]